Delhi High Court Urges Rule Revision for Bedridden Convicts

The Delhi High Court has directed the NCT government to create rules for convicts unable to surrender due to medical conditions. This came after the case of an 81-year-old bedridden prisoner. The court emphasized compassionate policy measures, stressing the need for humane treatment in legal procedures.

The Delhi High Court has mandated the Government of NCT of Delhi to establish suitable regulations for cases involving convicts who, due to severe age or health issues, are physically unable to surrender post-parole or furlough. This directive came after an 81-year-old convicted woman, bedridden and reliant on assistance, sought relief.

The court noted that existing gaps in the Delhi Prison Rules, 2018, place ill convicts in 'legal limbo' and highlighted the pressing need for a humane policy that considers prisoners' uncontrollable circumstances. It stressed that enforcing surrender on the elderly petitioner, due to her condition, would be 'inhumane.' Instead, she is to remain confined at home under her son's care until a decision is made regarding her premature release, as per Rule 1246A of the Delhi Prison Rules.

Emphasizing that parole is a temporary benefit, the court insisted on a justice system that upholds human dignity. Justice Amit Mahajan remarked that adopting an indifferent stance disregarding human suffering is unacceptable. A status report verified the convict's bedridden state, having served over four years of her seven-year term, with parole frequently extended since 2017 due to her medical condition. The state has been instructed to resolve her premature release within four weeks, aiming for comprehensive policy changes to manage similar future instances.

(With inputs from agencies.)